A/HRC/43/18
the situation of human rights in Myanmar and the Fact-Finding Mission. In particular, it calls
on the Government and ethnic armed organizations to immediately cease hostilities and
violations of international humanitarian and human rights law, and for the State of Myanmar
to ensure prompt, independent, impartial, and thorough investigations into all allegations of
human rights violations, to cooperate with international justice mechanisms, and to ensure
perpetrators are punished. OHCHR also stresses the importance of expediting the
constitutional reform with a view to ending military impunity, increasing civilian oversight
over the security apparatus, and achieving concrete progress in establishing a federal model
of governance with meaningful devolution of powers.
46.
The below recommendations relate specifically to the promotion and protection of the
rights of Rohingya and other minorities in Myanmar. OHCHR remains ready to provide
technical assistance to the implementation of these recommendations, as required, including
through the establishment of a country presence.
OHCHR recommends that the Myanmar authorities:
(a) Ratify all outstanding international human rights treaties, including the International
Covenant on Civil and Political Rights, the International Convention on the Elimination
of All Forms of Racial Discrimination; and the International Labour Organization
Convention no. 169 concerning indigenous and tribal peoples in independent countries;
(b) Review and repeal laws and policies that perpetuate discrimination on the basis of ethnic,
religious, linguistic or cultural identity, including, but not limited to, those on citizenship,
the four “race and religion” laws, and laws perpetuating economic exclusion of
minorities, such as in relation to land and natural resources. The concept of “national
races” should be revoked to allow for self-identification on ethnic, religious and
linguistic grounds for all official and legal purposes;
(c) Enact a comprehensive anti-discrimination law, and adopt related policies and
programmes;
(d) Ensure institutional and dedicated attention to the protection of minority rights, including
by adopting a National Plan of Action to ensure the operationalization of the 2015 Ethnic
Rights Protection Law in line with international human rights law and minority rights
standards; ensure that the Ministry of Ethnic Affairs has the mandate and resources, as
well as a diverse workforce that includes representatives of minority communities,
particularly women;
(e) Undertake necessary reforms to guarantee the independence of the Myanmar National
Human Rights Commission in full conformity with the Paris Principles, including
establishment of fully-resourced regional offices in ethnic areas, with dedicated capacity
on gender67;
(f) Introduce policies and measures to achieve equitable representation of minorities in the
political sphere, and in public institutions, particularly in decision-making positions;
these may include affirmative action measures, with particular attention to those facing
multiple and intersecting forms of discrimination, such as minority women and groups
without political representation such as the Rohingya and other Muslims;
(g) Consider introducing a pilot system of multilingual community liaison officers
(including women) in close consultation with the local community representatives, and
provide the necessary resources;
(h) Ensure that land appropriation is carried out based on the principle of free, prior, and
informed consent of the affected communities and that adequate compensation is
provided; systems of shared or collective land rights and customary land tenure and
property rights should be recognized and protected within the national legal system, with
particular attention to the rights of women; land disputes and reports of judicial and other
harassment should be investigated transparently while protecting the safety of land rights
activists; ensure transparent and impartial judicial process for cases of disputed land
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